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1823. Feby. 28.
Greece. J.B's Observations &c

To exclude partiality and all suspicion of it,
it should be a declared object of endeavour to keep the
Judge clear of all local connection in the way of interest
or sympathy, hence it should be a general rule that
no Judge should continue such in any one district
for any long time, say 3 years, nor be appointed Judge
in any district in which he already has connexions of
a certain description, to be specified, and his being
known or suspected to have subsequently formed
any such connexions, may be stated as warrantable
grounds for a proposition for his displacement as above
but no such connexion should be stated as a necessary
efficient cause for his displacement and provision
might be made by means of which in pursuance of
a desire not much short of universal expressed by
his justiciables, his continuance in that district might
be prolonged.

As to the composition of the Jury, the exclusion of two evils, viz.
partiality to the injury prejudice of the party in the right, vexation
by attendance to the injury of the Jurors themselves, will be the leading
ends in view. To secure a majority, the numbers should
in every case be odd: less therefore than three it can not be.
The greater the number more than three, the more extended
the vexation. For security – not indeed a certainty of impartiality, the and thus far appropriate moral aptitude
not indeed to a certainty, that being impossible but the
best possible chance in favour of it, selection appointment by lot, will
suffice: for augmenting the chance of appropriate intellectual
aptitude, viz. knowledge and judgment, the following
course may be taken – The whole number of individuals in the
district liable to serve
as Jurors, divide into
two classes – viz. the
more erudite and the
less erudite: in for a Jury
of three, take one from the
more erudite class: to the
influence of understanding on understanding, where moral inaptitude is not suspected, trust for his opinions being taken as a guide by his less erudite colleagues.

Identifier: | JB/106/369/001
"JB/" can not be assigned to a declared number type with value 106.



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constitutional code

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Info in main headings field

greece jb's observations &c





copy/fair copy sheet

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Page Numbering

c11 / c2 / e36 / f43


cc1; john flowerdew colls



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Notes public

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